House File 2271 HOUSE FILE BY COMMITTEE ON COMMERCE, REGULATION AND LABOR (SUCCESSOR TO HSB 544) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act regarding public utility rights=of=way and providing an 2 effective date. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5548HV 80 5 kk/sh/8 PAG LIN 1 1 Section 1. NEW SECTION. 306.46 PUBLIC UTILITY FACILITIES 1 2 == PUBLIC ROAD RIGHTS=OF=WAY. 1 3 1. A public utility may construct, operate, repair, or 1 4 maintain its utility facilities within a public road right=of= 1 5 way. The location of new utility facilities shall comply with 1 6 section 319.5. A utility facility shall not be constructed or 1 7 installed in a manner that causes interference with public use 1 8 of the road. 1 9 2. For purposes of this section, "public utility" means a 1 10 public utility as defined in section 476.1, and shall also 1 11 include waterworks, municipally owned waterworks, joint water 1 12 utilities, rural water districts incorporated under chapter 1 13 357A or 504A, and cooperative water associations. For the 1 14 purposes of this section, "utility facilities" means any 1 15 cables, conduits, wire, pipe, casing pipe, supporting poles, 1 16 guys, and other material and equipment utilized for the 1 17 furnishing of electric, gas, communications, water, or sewer 1 18 service. 1 19 Sec. 2. EFFECTIVE DATE. This Act, being deemed of 1 20 immediate importance, takes effect upon enactment. 1 21 EXPLANATION 1 22 This bill permits public utilities to construct and 1 23 maintain utility facilities such as cable, pipes, and poles, 1 24 within public road rights=of=way. The location of new utility 1 25 facilities must be approved pursuant to Code section 319.5 and 1 26 cannot cause interference with use of the road by the public. 1 27 The term "public utility" is broadened to include waterworks, 1 28 joint water utilities, rural water districts, and cooperative 1 29 water associations. 1 30 LSB 5548HV 80 1 31 kk/sh/8 1 32 1 33 1 34 1 35